IIA

103D CONGRESS

2D SESSION H. R. 5179

IN THE SENATE OF THE UNITED STATES

OCTOBER 7 (legislative day, SEPTEMBER 12), 1994

Received

OCTOBER 8 (legislative day, SEPTEMBER 12), 1994

Read twice and referred to the Committee on Governmental Affairs

AN ACT

To amend title 5, United States Code, to strengthen child

support enforcement orders through the garnishment of

amounts payable to Federal employees, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Support Reform

5 Amendments Act of 1994’’.

6 SEC. 2. GARNISHMENT OF PAY OF FEDERAL EMPLOYEES.

7 Subsection (i) of section 5520a of title 5, United

8 States Code, is amended—
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1 (1) by striking out ‘‘The provisions’’ and insert2 ing in lieu thereof ‘‘(1) Except as provided in para3 graph (2), the provisions’’; and

4 (2) by adding at the end thereof the following:

5 ‘‘(2)(A) Each agency, upon receipt of legal process

6 relating to an employee’s legal obligation to provide child

7 support that is regular on its face shall—

8 ‘‘(i) within five working days after the date pay

9 would have been paid or credited to the employee by

10 the agency, comply with the order, notwithstanding

11 subsection (f);

12 ‘‘(ii) forward the amount withheld pursuant to

13 the order to the State or custodial parent specified

14 in the order; and

15 ‘‘(iii) keep records of the amounts so withheld.

16 ‘‘(B) In addition to service provided for under sub17 section (c), such an order may be served on the agency

18 by first-class mail.

19 ‘‘(C) Each agency shall be subject to, and comply

20 with, any civil fine of not more than $1,000 imposed by

21 a State if the agency receives such an order and fails to

22 comply with the order within 10 working days after the

23 date wages would have been paid or credited to the em24 ployee by the agency.’’.
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1 SEC. 3. ELIMINATION OF SECOND COURT ORDER TO

2 ATTACH RETIREMENT FUNDS FOR CHILD

3 SUPPORT.

4 (a) CSRS.—Subsection (j) of section 8345 of title 5,

5 United States Code, is amended by redesignating para6 graph (3) as paragraph (4) and inserting after paragraph

7 (2) the following new paragraph:

8 ‘‘(3) Notwithstanding paragraph (1), an individual

9 owed a child support arrearage (determined under a court

10 order or an order of an administrative process established

11 under State law) may attach any interest in payments

12 under this subchapter which would otherwise be payable

13 to an employee, Member, or annuitant who owes the sup14 port, without the requirement of a separate order, but only

15 if the State provides procedures for notice and an expe16 dited hearing if requested by such employee, Member, or

17 annuitant. Payments attached under this paragraph shall

18 be held in escrow pending a determination pursuant to

19 such a hearing (if any).’’.

20 (b) TSP.—Paragraph (3) of section 8437(e) of such

21 title is amended by adding at the end the following: ‘‘An

22 individual owed a child support arrearage (determined

23 under a court order or an order of an administrative proc24 ess established under State law) may attach any interest

25 in moneys due or payable from the Thrift Savings Fund

26 which would otherwise be payable to an employee, Mem-
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1 ber, or annuitant who owes the support, without the re2 quirement of a separate order, but only if the State pro3 vides procedures for notice and an expedited hearing if

4 requested by such employee, Member, or annuitant.

5 Amounts due or payable which are attached under this

6 paragraph shall be held in escrow pending a determination

7 pursuant to such a hearing (if any).’’.

8 (c) FERS.—Section 8467 of such title is amended

9 by adding at the end the following:

10 ‘‘(c) Notwithstanding paragraph (1), an individual

11 owed a child support arrearage (determined under a court

12 order or an order of an administrative process established

13 under State law) may attach any interest in payments

14 under this subchapter which would otherwise be payable

15 to an employee, Member, or annuitant who owes the sup16 port, without the requirement of a separate order, but only

17 if the State provides procedures for notice and an expe18 dited hearing if requested by such employee, Member, or

19 annuitant. Payments attached under this paragraph shall

20 be held in escrow pending a determination pursuant to

21 such a hearing (if any).’’.
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1 SEC. 4. DENIAL OF FEDERAL BENEFITS AND EMPLOYMENT

2 TO CERTAIN PERSONS WITH LARGE CHILD

3 SUPPORT ARREARAGES.

4 (a) BENEFITS.—Notwithstanding any other provision

5 of law, an agency of the Federal Government may not pro6 vide a Federal benefit to any person—

7 (1) who is in arrears by more than 3 months

8 in the payment of child support, determined under

9 a court order or an order of an administrative proc10 ess established under State law; and

11 (2) who has not entered into or is not in com12 pliance with a plan or an agreement to pay the ar13 rearages.

14 (b) EMPLOYMENT.—

15 (1) IN GENERAL.—Notwithstanding any other

16 provision of law, an individual who is in arrears by

17 more than 3 months in the payment of child sup18 port, determined under a court order or an order of

19 an administrative process established under State

20 law, must, as a condition of accepting employment

21 in any position in an agency, enter into or be in

22 compliance with a plan or agreement to pay the ar23 rearages.

24 (2) REGULATIONS.—Regulations to carry out

25 paragraph (1) shall—
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1 (A) with respect to positions in the execu2 tive branch, be prescribed by the President (or

3 designee); and

4 (B) with respect to positions in the legisla5 tive branch, be prescribed jointly by the Presi6 dent pro tempore of the Senate and the Speak7 er of the House of Representatives (or their

8 designees) and in consultation with the heads of

9 the agencies of the legislative branch.

10 (c) STUDY.—With respect to the judicial branch, the

11 Director of the Administrative Office of the United States

12 Courts shall assess the feasibility of denying Federal bene13 fits and employment to persons with child support arrears

14 exceeding three months.

15 (d) DEFINITIONS.—For purposes of this section—

16 (1) the term ‘‘child support’’ has the meaning

17 given such term in section 462 of the Social Security

18 Act;

19 (2) the term ‘‘Federal benefit’’ means a grant,

20 loan, professional license, or commercial license pro21 vided by an agency of the United States, but does

22 not include—

23 (A) any benefit eligibility for which, or the

24 amount of which, is based, in whole or in part,
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1 on the financial means of the applicant or recip2 ient;

3 (B) loans or grants made for educational

4 purposes; or

5 (C) loans or grants for job training; and

6 (3) the term ‘‘agency’’ means any department,

7 agency, or instrumentality in the executive or legisla8 tive branches of the Federal Government.

9 (e) EFFECTIVE DATE.—This section shall take effect

10 as of November 1, 1995.

11 SEC. 5. DENIAL OF PASSPORTS TO NONCUSTODIAL PAR12 ENTS SUBJECT TO STATE ARREST WARRANTS

13 IN CASES OF NONPAYMENT OF CHILD SUP14 PORT.

15 The Secretary of State is authorized to refuse a pass16 port or revoke, restrict, or limit a passport in any case

17 in which the Secretary of State determines or is informed

18 by competent authority that the applicant or passport

19 holder is a noncustodial parent who is the subject of an

20 outstanding State warrant of arrest for nonpayment of

21 child support, where the amount in controversy is not less

22 than $10,000.

Passed the House of Representatives October 4,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.